{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/33.2-105.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/33.2-105.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/33.2-105.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/33.2-105.html"}],"law_id":359780,"edition_id":2,"section_id":359780,"structure_id":51474,"section_number":"33.2-105","catch_line":"Evidence as to existence of a public highway","history":"Code 1950, \u00a7 33-98; 1970, c. 322, \u00a7 33.1-184; 2014, c. 805.","full_text":"When a way has been worked by highway officials as a public highway and is used by the public as such, proof of these facts shall be prima facie evidence that the same is a public highway. And when a way has been regularly or periodically worked by highway officials as a public highway and used by the public as such continuously for a period of 20 years, proof of these facts shall be conclusive evidence that the same is a public highway. In all such cases, the center of the general line of passage, conforming to the ancient landmarks where such exist, shall be presumed to be the center of the way and in the absence of proof to the contrary, the width shall be presumed to be 30 feet.\n\nNothing contained in this section shall be construed to convert into a public highway a way of which the use by the public has been or is permissive and the work thereon by the highway officials has been or is done under permission of the owner of the servient tenement.\n\n","order_by":null,"text":{"0":{"id":1338664,"text":"When a way has been worked by highway officials as a public highway and is used by the public as such, proof of these facts shall be prima facie evidence that the same is a public highway. And when a way has been regularly or periodically worked by highway officials as a public highway and used by the public as such continuously for a period of 20 years, proof of these facts shall be conclusive evidence that the same is a public highway. In all such cases, the center of the general line of passage, conforming to the ancient landmarks where such exist, shall be presumed to be the center of the way and in the absence of proof to the contrary, the width shall be presumed to be 30 feet.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":""},"1":{"id":1338665,"text":"Nothing contained in this section shall be construed to convert into a public highway a way of which the use by the public has been or is permissive and the work thereon by the highway officials has been or is done under permission of the owner of the servient tenement.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":""}},"ancestry":[{"id":51474,"edition_id":2,"name":"Definitions and General Provisions","identifier":"1","label":"chapter","depth":3,"order_by":1,"parent_id":51473,"metadata":{"child_laws":21,"child_structures":0},"date_created":"2026-08-02 02:42:40","date_modified":"2026-08-02 12:32:29","permalink":{"id":1431791,"object_type":"structure","relational_id":51474,"identifier":"1","token":"33.2\/I\/1","url":"\/33.2\/I\/1\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51473,"edition_id":2,"name":"General Provisions and Transportation Entities","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":51472,"metadata":{"child_laws":141,"child_structures":8},"date_created":"2026-08-02 02:42:40","date_modified":"2026-08-02 12:32:29","permalink":{"id":1431789,"object_type":"structure","relational_id":51473,"identifier":"I","token":"33.2\/I","url":"\/33.2\/I\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51472,"edition_id":2,"name":"Highways and Other Surface Transportation Systems","identifier":"33.2","label":"title","depth":1,"order_by":77,"parent_id":null,"metadata":{"child_laws":749,"child_structures":88},"date_created":"2026-08-02 02:42:40","date_modified":"2026-08-02 12:32:28","permalink":{"id":1431787,"object_type":"structure","relational_id":51472,"identifier":"33.2","token":"33.2","url":"\/33.2\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":359738,"structure_id":51474,"section_number":"33.2-100","catch_line":"Definitions","url":"\/33.2-100\/","token":"33.2\/I\/1\/33.2-100","metadata":false},{"id":359749,"structure_id":51474,"section_number":"33.2-101","catch_line":"Governor to waive certain state statutory mandates and regulations to expedite certain highway construction projects","url":"\/33.2-101\/","token":"33.2\/I\/1\/33.2-101","metadata":false},{"id":359760,"structure_id":51474,"section_number":"33.2-102","catch_line":"Authority of cities and towns and certain counties in connection with federal aid","url":"\/33.2-102\/","token":"33.2\/I\/1\/33.2-102","metadata":false},{"id":359773,"structure_id":51474,"section_number":"33.2-103","catch_line":"Certified mail; subsequent mail or notices may be sent by regular mail","url":"\/33.2-103\/","token":"33.2\/I\/1\/33.2-103","metadata":false},{"id":359779,"structure_id":51474,"section_number":"33.2-104","catch_line":"English units of measure","url":"\/33.2-104\/","token":"33.2\/I\/1\/33.2-104","metadata":false},{"id":359780,"structure_id":51474,"section_number":"33.2-105","catch_line":"Evidence as to existence of a public highway","url":"\/33.2-105\/","token":"33.2\/I\/1\/33.2-105","metadata":false},{"id":359781,"structure_id":51474,"section_number":"33.2-106","catch_line":"Secretary of Transportation to submit annual report on actions taken to increase transit use, etc","url":"\/33.2-106\/","token":"33.2\/I\/1\/33.2-106","metadata":false},{"id":359782,"structure_id":51474,"section_number":"33.2-107","catch_line":"Secretary of Transportation to conduct periodic examination of process","url":"\/33.2-107\/","token":"33.2\/I\/1\/33.2-107","metadata":false},{"id":359783,"structure_id":51474,"section_number":"33.2-108","catch_line":" Public hearings prior to undertaking projects requested by institutions of higher education","url":"\/33.2-108\/","token":"33.2\/I\/1\/33.2-108","metadata":false},{"id":359784,"structure_id":51474,"section_number":"33.2-109","catch_line":"Policy of the Commonwealth regarding use of highways by motorcycles; discrimination by political subdivisions prohibited","url":"\/33.2-109\/","token":"33.2\/I\/1\/33.2-109","metadata":false},{"id":359785,"structure_id":51474,"section_number":"33.2-110","catch_line":"Gates across private roads; leaving gates open; gates across private roads leading to forestlands; penalties","url":"\/33.2-110\/","token":"33.2\/I\/1\/33.2-110","metadata":false},{"id":359796,"structure_id":51474,"section_number":"33.2-111","catch_line":"Funding and undertaking of pedestrian or bicycle projects apart from highway projects not prohibited","url":"\/33.2-111\/","token":"33.2\/I\/1\/33.2-111","metadata":false},{"id":359800,"structure_id":51474,"section_number":"33.2-112","catch_line":"Sidewalks and walkways for pedestrian traffic","url":"\/33.2-112\/","token":"33.2\/I\/1\/33.2-112","metadata":false},{"id":359801,"structure_id":51474,"section_number":"33.2-113","catch_line":"Contributions by cities or towns towards highway building, bridges, etc","url":"\/33.2-113\/","token":"33.2\/I\/1\/33.2-113","metadata":false},{"id":359802,"structure_id":51474,"section_number":"33.2-114","catch_line":"Virginia Aviation Board and Virginia Port Authority powers","url":"\/33.2-114\/","token":"33.2\/I\/1\/33.2-114","metadata":false},{"id":359803,"structure_id":51474,"section_number":"33.2-115","catch_line":"Department to establish smart transportation pilot zone","url":"\/33.2-115\/","token":"33.2\/I\/1\/33.2-115","metadata":false},{"id":359804,"structure_id":51474,"section_number":"33.2-116","catch_line":"Statewide transportation technology programs to incorporate new technologies and innovations in transportation","url":"\/33.2-116\/","token":"33.2\/I\/1\/33.2-116","metadata":false},{"id":359805,"structure_id":51474,"section_number":"33.2-117","catch_line":"Statutes declaring streams and rivers to be highways continued","url":"\/33.2-117\/","token":"33.2\/I\/1\/33.2-117","metadata":false},{"id":359806,"structure_id":51474,"section_number":"33.2-118","catch_line":"Mobile food vending in commuter lots in Planning District 8","url":"\/33.2-118\/","token":"33.2\/I\/1\/33.2-118","metadata":{"court_decisions":""}},{"id":359807,"structure_id":51474,"section_number":"33.2-119","catch_line":"Limitation on tolling","url":"\/33.2-119\/","token":"33.2\/I\/1\/33.2-119","metadata":false},{"id":359808,"structure_id":51474,"section_number":"33.2-120","catch_line":" Efforts to increase CAFE standards","url":"\/33.2-120\/","token":"33.2\/I\/1\/33.2-120","metadata":false}],"previous_section":{"id":359779,"structure_id":51474,"section_number":"33.2-104","catch_line":"English units of measure","url":"\/33.2-104\/","token":"33.2\/I\/1\/33.2-104","metadata":false},"next_section":{"id":359781,"structure_id":51474,"section_number":"33.2-106","catch_line":"Secretary of Transportation to submit annual report on actions taken to increase transit use, etc","url":"\/33.2-106\/","token":"33.2\/I\/1\/33.2-106","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/33.2-105\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1970, chapter 322; in 2014, chapter 805<\/a>.<\/p>","references":[{"id":359774,"section_number":"33.2-1030","catch_line":"Installation of broadband conduit","order_by":null,"url":"\/33.2-1030\/"},{"id":360426,"section_number":"33.2-703","catch_line":"Funds for highways not in secondary state highway system","order_by":null,"url":"\/33.2-703\/"}],"refers_to":false,"permalink":{"id":1431813,"object_type":"law","relational_id":359780,"identifier":"33.2-105","token":"33.2\/I\/1\/33.2-105","url":"\/33.2-105\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/33.2-105\/","token":"33.2\/I\/1\/33.2-105","dublin_core":{"Title":"Evidence as to existence of a public highway","Type":"Text","Format":"text\/html","Identifier":"\u00a7 33.2-105","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

When a way has been worked by highway<\/span> officials as a public highway<\/span> and is used by the public as such, proof of these facts<\/span> shall be prima facie evidence<\/span> that the same is a public highway<\/span>. And when a way has been regularly or periodically worked by highway<\/span> officials as a public highway<\/span> and used by the public as such continuously for a period of 20 years, proof of these facts<\/span> shall be conclusive evidence<\/span> that the same is a public highway<\/span>. In all such cases, the center of the general line of passage, conforming to the ancient landmarks where such exist, shall be presumed to be the center of the way and in the absence of proof to the contrary, the width shall be presumed to be 30 feet.<\/p>

Nothing contained in this section shall be construed to convert into a public highway<\/span> a way of which the use by the public has been or is permissive and the work thereon by the highway<\/span> officials has been or is done under permission of the owner of the servient tenement.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEVIDENCE AS TO EXISTENCE OF A PUBLIC HIGHWAY (\u00a7 33.2-105)\n\nWhen a way has been worked by highway officials as a public highway and is used\nby the public as such, proof of these facts shall be prima facie evidence that\nthe same is a public highway. And when a way has been regularly or periodically\nworked by highway officials as a public highway and used by the public as such\ncontinuously for a period of 20 years, proof of these facts shall be conclusive\nevidence that the same is a public highway. In all such cases, the center of the\ngeneral line of passage, conforming to the ancient landmarks where such exist,\nshall be presumed to be the center of the way and in the absence of proof to the\ncontrary, the width shall be presumed to be 30 feet.\n\nNothing contained in this section shall be construed to convert into a public\nhighway a way of which the use by the public has been or is permissive and the\nwork thereon by the highway officials has been or is done under permission of\nthe owner of the servient tenement.\n\nHISTORY: Code 1950, \u00a7 33-98; 1970, c. 322, \u00a7 33.1-184; 2014, c. 805.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}